Oakland judge may have 2nd shot at Supreme Court

Oakland County Circuit Judge Colleen O’Brien may be back in the running for Michigan Supreme Court.

With Justice Diane Hathaway announcing her retirement amid a Judicial Tenure Commission complaint and federal investigation for mortgage fraud, it’ll be up to Republican Gov. Rick Snyder to appoint a replacement.

O’Brien, who ran for the high court in November, could be a logical replacement for the governor to tap.

A Republican nominee for one of two eight-year seats on the court, O’Brien finished behind incumbent Justice Stephen Markman and Democrat-nominated Bridget McCormack in the Nov. 6 election.

But Snyder’s office indicated the governor is focused on his State of the State address to the Michigan Legislature on Jan. 16, and noted that Hathaway’s retirement isn’t effective until Jan. 21.

“The next steps and any appointment of a justice to the Michigan Supreme Court will be conducted in a deliberative, thoughtful manner,” Snyder spokeswoman Sara Wurfel said via email.

“There’s no set timetable, though we expect any announcement will be sooner rather than later so the court can carry on its important business with a full complement of seven justices,” she said. “Right now, the governor is focused on the State of the State and there won’t be a vacancy until Jan. 21.

“There is no set candidate either. Whomever is the governor’s appointee will be reviewed and rated as to their experience and qualifications by the Michigan State Bar,” the email concluded.

Whoever Snyder appoints to the high court will have to run in 2014 for the remaining two years of the term before being able to seek a full eight-year term in 2016.

However, the governor’s office has often used the term “sooner rather than later” when it comes to acting on vacancies or signing legislation into law.

For Snyder, that has sometimes meant the same day, such as signing right-to-work legislation approved by the Legislature in December.

Michigan Attorney General Bill Schuette, a former judge, also expects the governor to fill the vacancy on the high court swiftly.

“I expect Gov. Snyder will move quickly to appoint a successor, and that the work of our state’s highest court will soon move forward without further hindrances,” Schuette said in a statement.

O’Brien was first appointed to the circuit bench by former Republican Gov. John Engler and has been a circuit judge for 14 years.